Exceptions were once regularly included in even the most conservative anti-abortion proposals. But experts on both sides of the issue say the exceptions were a steppingstone intended to make anti-abortion laws more palatable.
But as the battle over abortion access heats up, experts on both sides of the issue say the exceptions were a temporary stepping stone intended to make anti-abortion laws more palatable.
Several other states, including Arizona, Florida, Kentucky, Louisiana, Missouri, South Dakota, Tennessee and Texas, also have bans or trigger laws in place that lack exceptions for rape or incest, according to the Guttmacher Institute and Associated Press reporting. Arkansas has two near-total abortion bans — a trigger law from 2019 and one passed last year that is blocked in federal court. Neither have exceptions for rape or incest, though they do allow abortions to save the woman’s life. The state also never repealed its pre-1973 total abortion ban with no restrictions.
Elizabeth Nash, a state policy analyst for the abortion-rights supporting Guttmacher Institute, said that of 86 pending proposals for abortion restrictions this year, only a few — including one each in Idaho, New Jersey and West Virginia — include rape and incest exceptions. The Ohio Legislature is weighing a trigger law that lacks sexual assault exceptions. During a hearing last month, the bill’s GOP sponsor, Rep. Jean Schmidt, caused controversy when she called pregnancy resulting from rape “an opportunity” for the rape victim to “make a determination about what she’s going to do to help that life be a productive human being.”
In South Carolina, supporters of a 2021 abortion ban added exceptions for rape and incest because it was the only way to get the law passed. During debate, Republican Sen. Richard Cash argued against the exceptions.Democratic Sen. Mia McLeod responded that it was obvious Cash had never been raped.